Articles

Discontinue The Troubling and Unnecessary Proxy Sep 20, 2020

Proxies are still used in most HOAs and continue to contribute to confusion and controversy during HOA elections.

A proxy is a document by which one association member auth

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Reader Questions - Can Non-Residents Run? Why Can’t Spouses of Directors? Sep 06, 2020

Mr. Richardson:

Can a non-resident owner be on the board? A board member moved but still stayed on the board while he rented his unit. Several homeowners opposed, but the m...

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Embracing Virtual Meeting Function – Now and Later Aug 23, 2020

Many months now into the pandemic, some associations have stopped conducting board meetings. That is a mistake on many levels, but also completely unnecessary. Boards do not n...

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Reader Questions - Board Meetings Jul 27, 2020
Our HOA board has consistently said that they are having meetings to do emergency actions. I know that they talk on the telephone, decide what to say and never send out meetin...
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But I Disagree Jul 20, 2020

In our culture, disagreement is mishandled more than ever before. However, disagreement is to be expected between directors of common interest developments (aka “HOAs”), and t...

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Wait for the Board to Act May 24, 2020

In community associations, corporate formalities seem to interfere with efficiency. Some argue that if someone is making good decisions, why wait for board meetings and motion...

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Reader Questions – Are HOA Board Term Limits Allowed? May 03, 2020
 

Mr. Richardson:

I appreciate your column in the [paper]. Many of your topics are extremely helpful.

According to our election rules and bylaws, no director shal...

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Reader Questions – Board Contacts, Discussions, and Elections Apr 20, 2020

 

Kelly: Is the HOA required to supply the state a current list of the board members? Is the list available for public view? I am not a member of the HOA.

G.O., Agoura Hil...

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Misused Terms in the HOA World Mar 24, 2020

As a lawyer, I plead “guilty” to being persnickety (to use a Latin term) regarding the correct use of legal terms.  In the world of common interest developments there are seve...

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Navigating Elections in 2020 (and Beyond??) Mar 07, 2020

Senate Bill 323 took effect in January 2020, creating new procedural requirements for HOAs and also unintentionally creating many problems and unanswered questions. Consequent...

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Fiduciary Duty – What It Is, And Is NOT Feb 28, 2020

The term “fiduciary duty” is often used, but with a misunderstanding of what it means. HOA Directors are considered “fiduciaries” because they care for the community’s propert...

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New Year’s Resolutions of HOA Service Providers Jan 20, 2020

[This is the fourth and final installment of this series, which previously addressed directors, homeowners, and managers.]

As the association’s service provider, I resolve to...

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